Laserfiche WebLink
Mr. Jared Dains, E.I. <br />October 22, 2010 <br />Page 6 <br />14. Dewatering at this site is not expected to occur at this site during the SWSP approval <br />period therefore dewatering shall not occur at the site unless the Applicant obtains an <br />amended SWSP to account for any dewatering depletions or additional operational <br />depletions at the site. <br />15. In accordance with the letter dated April 30, 2010 (copy attached) from the <br />Colorado Division of Reclamation, Mining, and Safety ("DRMS"), all sand and <br />gravel mining operators must comply with the requirements of the Colorado <br />Reclamation Act and the Mineral Rules and Regulations for the protection of water <br />resources. The April 30, 2010 letter from DRMS requires that you provide <br />information to DRMS to demonstrate you can replace long term injurious stream <br />depletions that result from mining related exposure of ground water. The DRMS <br />letter identifies four approaches to satisfy this requirement. If the information you <br />are providing to DRMS is included under the approaches numbered 1 - 3, a copy <br />of that information needs to also be provided to this office (the Division of Water <br />Resources). <br />If the information you are providing to DRMS is pursuant to approach no. 4, you <br />will need to provide additional documentation to this office that specifies what <br />water rights or other permanent water source will be dedicated to the SWSP to <br />assure that all permanent depletions from either an unforeseen abandonment of <br />the site by the Applicant or as a result of long term ground water exposure after <br />completion of mining and reclamation will be replaced so as to prevent injury to <br />other water rights.. <br />This information must be provided to this office by April 30, 2011. If the requested <br />information is not provided to this office, any future SWSP may limit the mining <br />operation so that additional ground water cannot be exposed, beyond that <br />specified in this SWSP. <br />16. In accordance with amendments to §25-8-202(7), C.R.S., and Senate Bill 89-181 Rules <br />and Regulations adopted on February 4, 1992, the state engineer shall determine <br />whether the substitute supply is of a quality to meet requirements of use to senior <br />appropriators. As such, water quality data or analysis may be requested at any time to <br />determine if the water quality is appropriate for downstream water users. <br />17. The decision of the state engineer shall have no precedential or evidentiary force, shall <br />not create any presumptions, shift the burden of proof, or serve as a defense in any <br />pending water court case or any other legal action that may be initiated concerning this <br />SWSP. This decision shall not bind the state engineer to act in a similar manner in any <br />other applications involving other SWSPs, or in any proposed renewal of this SWSP, and <br />shall not imply concurrence with any findings of fact or conclusions of law contained <br />herein, or with the engineering methodologies used by the Applicant.